Chinanews.com, Beijing, August 4th (Reporter Yuan Xiuyue) "Don't have the sun, and those who have been to the cabin", "Recovered people from the new crown are not allowed to enter the theater", "Because they have been infected with the new crown, they were expelled"... Recently, some people have Reports of people who have recovered from the new crown being discriminated against in life and employment have attracted attention from the outside world.
On August 1, the Ministry of Human Resources and Social Security and the National Health Commission issued a notice to resolutely crack down on employment discrimination against people who have recovered from COVID-19.
At the same time, many places and departments have also made it clear that people who have recovered from the new crown shall not be discriminated against.
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Do not illegally query relevant test results without authorization
Shorten the query time of nucleic acid results in many places
Since the outbreak of the epidemic, in order to reduce risks, some companies or labor agencies have often asked for past nucleic acid test reports when recruiting workers, and refused to admit people who have recovered from the new crown, causing them to face more difficulties in job hunting.
In this regard, some experts have called for the information of nucleic acid testing a month ago to be no longer displayed in the local health code information, and to cut off the source of information that discriminates against the positive recovery of the new crown.
In this regard, the Ministry of Human Resources and Social Security and the National Health and Medical Commission issued the "Emergency Notice on Resolutely Combating Employment Discrimination against New Coronary Pneumonia Rehabilitation Persons" (hereinafter referred to as the "Notice"), which clarifies that, except for the needs of epidemic prevention and control, and scientific and reasonable setting of new coronavirus nucleic acid Outside the inspection period for inspection information, no unit or individual may illegally inquire about relevant inspection results without authorization.
In addition, it is also required that if employers, human resources service agencies or other units and individuals illegally inquire about nucleic acid test results, set an inquiry period beyond a reasonable time limit, or discriminate against people who have recovered from new coronary pneumonia, they should quickly investigate and handle according to the division of responsibilities, and take measures Powerful measures such as administrative interviews, notification exposures, administrative handling, and administrative punishments were found to be dealt with seriously.
At the same time, the query time of nucleic acid results has been adjusted in many places recently.
According to media statistics, health codes in Beijing, Tianjin, Shanxi, Jiangsu, Shandong, Jiangxi and other places clearly show that nucleic acid detection records within 30 days at most are displayed, while Shanghai, Fujian, Shaanxi, Sichuan, Hebei, and Anhui only display nucleic acid detection records within 14 days. Jilin, Hubei and Guizhou can only query nucleic acid test results within 7 days.
On July 29, the Joint Prevention and Control Mechanism of the State Council also issued a notice to further promote the national mutual recognition of nucleic acid test results to effectively facilitate the travel of the masses.
Data map: At the entrance of a large-scale comprehensive shopping mall in Chaoyang District, Beijing, a promotional poster with the theme of "Green Horse" is posted on the ground. It attracts customers to consume in the way of homophonic health code "green code".
Photo by China News Agency reporter Hou Yu
Random dismissal and dismissal of recovered COVID-19 patients?
Illegal!
How to protect the employment rights of people who have recovered from the new crown?
The "Notice" mentions four "strict prohibitions":
It is strictly forbidden for employers to release or entrust the release of recruitment information containing discriminatory content such as a positive nucleic acid test history for the new coronavirus.
It is strictly forbidden for employing units and human resources service agencies to refuse to recruit (employ) people who have recovered from the new coronary pneumonia on the grounds that they have previously tested positive for the new coronary pneumonia virus nucleic acid.
It is strictly forbidden for employing units to discriminate against people who have recovered from COVID-19 during the process of entry and employment of workers.
It is strictly forbidden for employing units to illegally dismiss or dismiss people who have recovered from the new coronary pneumonia.
In fact, employment discrimination against people who have recovered from the new crown is neither "reasonable" nor "lawful".
The Law on the Prevention and Control of Infectious Diseases states that no unit or individual may discriminate against infectious disease patients, pathogen carriers and suspected infectious disease patients.
Article 30 of the "Employment Promotion Law" also mentions that an employer shall not refuse to hire a person on the grounds that he is a carrier of an infectious disease pathogen.
As early as 2020, the Ministry of Human Resources and Social Security issued the "Notice on Properly Handling Labor Relations Issues During the Prevention and Control of the Novel Coronavirus Pneumonia Epidemic", clarifying that enterprises shall not terminate labor contracts on the grounds that workers are confirmed patients with new coronary pneumonia.
The Supreme People's Court also issued an opinion, emphasizing that the people's court will not support an employer's claim to terminate the labor relationship on the grounds that the worker is a confirmed patient of new coronary pneumonia.
The executive meeting of the State Council held in July this year clearly stated that discrimination in employment is strictly prohibited for those who have recovered from a positive nucleic acid test for the new coronavirus.
At the same time, relevant departments are required to strengthen labor security supervision, and to deal with such discriminatory phenomena as soon as they are discovered.
The Supreme Law also clearly stated that employment discrimination against persons who had recovered from a positive nucleic acid test for the new coronavirus was resolutely prohibited.
A few days ago, Shanghai also passed the "Decision of the Standing Committee of the Shanghai Municipal People's Congress on Further Doing a Good Job in Promoting Current Employment", which clarifies that any employer shall not terminate the labor contract due to the contagious disease of the laborer, and shall not terminate the labor contract when recruiting personnel. Rejection of employment on the grounds of having suffered from an infectious disease.
Data map: Candidates are waiting in line for an interview.
Photo by China News Agency reporter Liu Lixin
Micro-comment: Relieve the worries for the new crown recovered patients
These laws and regulations provide a clearer legal basis for workers to safeguard their own legitimate rights and interests, and also bring corresponding constraints to the "casual" behavior of employers.
It can be seen that the nucleic acid record query time has been shortened in many places, which has technically solved the worries of the new crown recovered patients.
Many measures, such as not to terminate the labor contract on the grounds of "yang transgression", will give people who have recovered from the new crown a reassurance.
The epidemic requires a joint response by the whole society, and defeating the virus cannot rely on "hiding" or labeling a certain group of people.
"Narrow" discrimination will not bring much "benefit", but will chill the hearts of many people.
Under the epidemic, what people need more is to report to the group to keep warm, rather than barriers and obstacles.
The "Notice" mentioned that after treatment, patients with new coronary pneumonia have a negative viral nucleic acid test, and meet the standards for release from isolation management and hospital discharge, and their daily work, study or daily contact will not lead to the spread of the new coronavirus.
This is the common sense of scientific response to the new crown virus, and it should also become the consensus of all sectors of society.
In addition to laws and regulations, how to effectively protect the rights and interests of people who have recovered from the new crown in practice, and continuously improve relevant measures and procedures, is the next problem that needs to be solved.
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